Josh Blackman is a constitutional law professor at the South Texas College of Law Houston and the President of the Harlan Institute. Follow him @JoshMBlackman.
Textualism Monday
Four decisions that turn on the meaning of text.
Josh Blackman
Latest from Josh Blackman
Conjunction Disjunction in the Dobbs Draft
Does the Glucksberg test require a right to be "fundamental" and "deeply rooted" or "fundamental" or "deeply rooted"?
Press Coverage on the Assassination Attempt of Justice Kavanaugh
The New York Times lists sixteen news stories above the attempted murder of a Justice.
New Details On Attempted Assassination of Justice Kavanaugh
From this criminal complaint, it seems that the defendant wanted to kill Kavanaugh to prevent him from casting decisive votes in Dobbs and NYS Rifle & Pistol.
Justice Sotomayor Criticizes The "Restless and Newly Constituted Court"
This claim brings to mind Justice Stevens' dissent from Citizens United.
So Long As Dobbs Remains Undecided, The Lives of the Justices Are At Risk
The Dobbs 5 should immediately issue an unsigned per curiam order, with an opinion to follow, even over the Chief Justice's objection.
OK, Justice Barrett, I "Read the Opinion" in Netchoice LLC v. Paxton
It took me 15 seconds, and it includes no reasoning.
"Texas should not be required to seek preclearance from the federal courts before its laws go into effect"
Well, at least from the U.S District Court for the Western District of Texas, Austin Division.
A Scalia Clerk and A Stevens Clerk from OT 2007 Talk About Heller
"We think it’s clear that every member of the court on which we clerked joined an opinion — either majority or dissent — that agreed that the Constitution leaves elected officials an array of policy options when it comes to gun regulation"
CNN: SCOTUS Investigation Demands Phone Records From Clerks, Who Must Sign Affidavits
Leaks about the leaks continue.
Linda Greenhouse Lives in a Bizarro World on Dobbs
To Greenhouse, overruling Roe is an act of "judicial activism" and "raw power."
Lash on Roe and the Thirteenth Amendment
"This essay explores the history behind the adoption of the Thirteenth Amendment and conclude the pro-Roe reading of the Thirteenth Amendment is incorrect."
D.C. Circuit Workplace Survey Leaked, And Investigation of Leaked Survey Is Leaked
The federal courts are in trouble if confidential material cannot remain confidential.
No Joan Biskupic, Justice Thomas Did Not Take A "Surprising, Public Jab" At Chief Justice Roberts
Justice Thomas waxed nostalgically about the Rehnquist Court. He did not blame Roberts for the change.
My Published Inaugural Edwin Meese III Originalism Lecture
"Originalism and Stare Decisis in the Lower Courts"
Some Unsolicited Advice on Abortion and the Religion Clauses
The Free Exercise Clause, the Establishment Clause, and the Third-Party Harm Doctrine.
Now Justice Barrett Uses "Noncitizen" Instead of "Alien"
"Congress has comprehensively detailed the rules by which noncitizens may enter and live in the United States."
